Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2220 of 2023 Arising Out of PS. Case No.-16 Year-2017 Thana- PATNA GRP CASE District- Patna ====================================================== MANOJ KUMAR S/O SADHU YADAV @ NAGESHWAR RAI Resident of village- Bahrampur, P.S.- Raghopur, District- Vaishali. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhagya Narayan Jha For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 8, 20(b) (ii)B, 29 of the N.D.P.S. Act.

As per prosecution case, after getting secret information the informant apprehended two accused persons from whose possession total 8 kg narcotic substance/ganja was recovered from them. The apprehended accused persons disclosed the name of the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner has no concern with the alleged recovery of ganja rather he has falsely been implicated in this case. Neither the petitioner was arrested on spot nor any incriminating article has

Patna High Court CR. MISC. No.2220 of 2023(2) dt.28-03-2023 2/2 been recovered from his conscious possession rather the narcotic substance like ganja was recovered from possession of co-accused persons who disclosed the name of the petitioner in this case. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 23.8.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with G.R.P. Patna Junction (Rajendra Nagar) P.S. Case No. 16 of 2017 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge XIII, Patna.

(Sunil Kumar Panwar, J) Amandeep/- U